Noel Power
Encyclopedia
Sir Noel Plunkett Power, GBS
Gold Bauhinia Star
The Gold Bauhinia Star is the highest rank in Order of the Bauhinia Star in Hong Kong, created in 1997 to replace the British honours system of the Order of the British Empire after the transfer of sovereignty to People's Republic of China and the establishment of the Hong Kong Special...

 (Traditional Chinese: 鮑偉華爵士, 4 December 1929 – 19 November 2009) was a senior judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

 and Brunei Darussalam. He had been a barrister-at-law in his home-country Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

 when he joined the judiciary of Hong Kong
Judiciary of Hong Kong
The Judiciary of Hong Kong is responsible for the administration of justice in Hong Kong. It hears all prosecutions and civil disputes, including disputes between individuals and the government. It is fundamental to Hong Kong’s legal system that members of the judiciary are independent of the...

 in 1965 as a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

 in the Lands Tribunal
Lands Tribunal (Hong Kong)
The Lands Tribunal is a tribunal in Hong Kong that deals with legal disputes over land. It was established by the Lands Tribunal Ordinance .- Judges :...

. Since then, he had been successively promoted as President of the Lands Tribunal, a puisne judge of the Supreme Court and Vice President of the Court of Appeal
Court of Appeal (Hong Kong)
The Court of Appeal deals with appeals on all civil and criminal cases from the Court of First Instance and the District Courts of Hong Kong. It is one of two courts that makes up the High Court of Hong Kong....

. In 1996, he became acting Chief Justice of the Supreme Court
Chief Justice of the Supreme Court of Hong Kong
Chief Justice of Hong Kong or erroneously Chief Justice of the Supreme Court of Hong Kong was the most senior judge in the court system in Hong Kong until 1997....

 when Sir Ti-liang Yang
Yang Ti-liang
Dato Seri Paduka Sir Ti-liang Yang, GBM, SPMB, JP , also known as Sir TL, is a retired senior judge in Hong Kong...

 resigned and contested for the first ever election of the Chief Executive
Chief Executive of Hong Kong
The Chief Executive of Hong Kong is the President of the Executive Council of Hong Kong and head of the Government of the Hong Kong Special Administrative Region. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule...

. After the transfer of sovereignty of Hong Kong from Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 to People’s Republic of China in 1997, he was appointed Vice President of the Court of Appeal of the High Court
High Court (Hong Kong)
The High Court in Hong Kong consists of the Court of Appeal and the Court of First Instance. It deals with criminal and civil cases which have risen beyond the lower courts. It was named the Supreme Court before 1997.- High Court Building :...

. He retired from the High Court in 1999 but remained as a non-permanent judge of the Court of Final Appeal.

Sir Noel was honoured with a knighthood and a Gold Bauhinia Star
Gold Bauhinia Star
The Gold Bauhinia Star is the highest rank in Order of the Bauhinia Star in Hong Kong, created in 1997 to replace the British honours system of the Order of the British Empire after the transfer of sovereignty to People's Republic of China and the establishment of the Hong Kong Special...

 in 1999 by the British monarch and the Government of Hong Kong
Government of Hong Kong
The Government of the Hong Kong Special Administrative Region of the People's Republic of China, commonly the Hong Kong Government, is led by the Chief Executive as Head of the Government, who is also the head of the Hong Kong SAR...

 respectively. He chaired an independent inquiry to probe into the opinion poll scandal of the University of Hong Kong in 2000. In 2005, he was one of the presiding judges of the Court of Final Appeal who heard the inheritance dispute between local tycoon Nina Wang
Nina Wang
Neena Wang or Kung Yu Sum was Asia's richest woman, with a recent estimated net worth of US$4.2 billion at the time of her death...

 and her old-aged father-in-law. In his later years, Sir Noel was a judge of the Court of Appeal of Brunei Darussalam and was appointed President in 2007. He died in office in 2009.

Early years

Power was born on 4 December 1929 in Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...

, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

 to a locally renowned family. His grandfather, the Honourable Francis Isidore Power (1852–1912), was a member of the Legislative Council of Queensland; his great-uncle, Virgil Power, (1849–1914) was a judge of the Supreme Court of Queensland
Supreme Court of Queensland
The Supreme Court of Queensland, which is based at the Law Courts Complex, is the superior court for the Australian State of Queensland and sits around the middle of the Australian court hierarchy...

. Noel was the youngest child among his siblings with an elder sister and brother. His parents were John Joseph Power, a doctor in the Australian army
Australian Army
The Australian Army is Australia's military land force. It is part of the Australian Defence Force along with the Royal Australian Navy and the Royal Australian Air Force. While the Chief of Defence commands the Australian Defence Force , the Army is commanded by the Chief of Army...

 and once the president of the Queensland Turf Club
Queensland Turf Club
The Queensland Turf Club was founded in August 1863.It began on a piece of land in Ascot, Queensland, later called Eagle Farm Racecourse, given to the club by government grant. The first meeting of the club was held on 14 August 1865....

, and Hilda Power.

In his early years, Power was educated at Downlands College
Downlands College
Downlands College, officially Downlands Sacred Heart College, is a private, secondary, coeducational, day and boarding school in Toowoomba, Queensland, Australia. Founded by the Missionaries of the Sacred Heart in 1931, the College began as a boarding school for boys with a total enrolment of...

, Toowoomba
Toowoomba, Queensland
Toowoomba is a city in Southern Queensland, Australia. It is located west of Queensland's capital city, Brisbane. With an estimated district population of 128,600, Toowoomba is Australia's second largest inland city and its largest non-capital inland city...

, Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...

. After that he read law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

 and studied literature
Literature
Literature is the art of written works, and is not bound to published sources...

 at the University of Queensland
University of Queensland
The University of Queensland, also known as UQ, is a public university located in state of Queensland, Australia. Founded in 1909, it is the oldest and largest university in Queensland and the fifth oldest in the nation...

 where he was a member of the winning team in the Inter-Varsity Debating Competition. He graduated with a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 and a LL.B. degrees from the university.

Judicial career

Shortly after graduation, Power was called to the bars of the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...

 and Supreme Court of Queensland in 1955, where he began his career as a barrister-at-law. In 1965, he moved to Hong Kong and became a magistrate of the Lands Tribunal. He managed to get promoted as President of the Lands Tribunal in 1976. In this capacity, he had compiled the Lands Tribunal Law Reports for three consecutive years, before getting promoted again as a puisne judge of the Supreme Court in 1979. During serving in the Supreme Court, Power was appointed by the government in 1984 to chair the Broadcasting Review Board. Under his chairmanship, the committee published a report in 1985 which resulted in the establishment of the Broadcasting Authority
Hong Kong Broadcasting Authority
The Hong Kong Broadcasting Authority is an organization responsible for licensing and regulating the broadcasting industry in Hong Kong. It was formed in 1987...

 in 1987. In 1987, Power became a judge of the Court of Appeal, a post he had held until 1993 when he was appointed Vice President of the Court of Appeal. From 1994 to 1997, he was also the chairman of the editorial board of the Hong Kong Law Reports.

In 1996, Power was appointed acting Chief Justice of the Supreme Court when Sir Ti-liang Yang resigned and contested for the election of the Chief Executive. He did not act the post for long and was soon succeeded by Andrew Li
Andrew Li
Andrew Li Kwok-nang, CBE, GBM, JP is the former Chief Justice of the Court of Final Appeal of Hong Kong, a post he held from the 1997 Hong Kong handover until 31 August 2010 inclusive. He is succeeded by Geoffrey Ma.-Early life and education:...

 as Chief Justice of the Court of Final Appeal
Chief Justice of the Court of Final Appeal
The Chief Justice of the Court of Final Appeal of Hong Kong is the head of and the most senior judge in the Hong Kong judiciary. The position is second only to the Chief Executive of Hong Kong in the Hong Kong order of precedence...

 immediately after the transfer of sovereignty of Hong Kong from Britain to People’s Republic of China in 1997.

The end of British-rule bought many changes to the judicature of Hong Kong. A Court of Final Appeal was set up to replace the British Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

, the Supreme Court was renamed High Court, and Power was appointed a non-permanent judge of the Court of Final Appeal in addition to his original post as Vice President of the Court of Appeal. Power retired from the Court of Appeal in July 1999 but continued to serve in the Court of Final Appeal. In 2005, he was one of the judges of the Court of Final Appeal who heard the inheritance dispute between local business tycoon, Nina Wang, and her old aged father-in-law. The case was one of the longest civil trials in the legal history of Hong Kong. The court finally overturned the previous High Court rulings and found in favour of Nina Wang.

To mark his contribution to the judiciary of Hong Kong, Power was appointed a Knight Bachelor
Knight Bachelor
The rank of Knight Bachelor is a part of the British honours system. It is the most basic rank of a man who has been knighted by the monarch but not as a member of one of the organised Orders of Chivalry...

 in the Queen’s Birthday Honours List of 1999. He received the knighthood in person from Queen Elizabeth II in Buckingham Palace
Buckingham Palace
Buckingham Palace, in London, is the principal residence and office of the British monarch. Located in the City of Westminster, the palace is a setting for state occasions and royal hospitality...

 in the same year. Also in 1999, the Government of Hong Kong Special Administrative Region awarded him the Gold Bauhinia Star, the second-highest honour the Chief Executive can bestow.

In 2000, an opinion poll scandal emerged in the University of Hong Kong when the Director of the university’s Public Opinion Programme (POP), Dr Robert Chung
Robert Chung Ting-yiu
Dr. Robert Chung is the Director of Public Opinion Programme at the University of Hong Kong.-Study and career:Dr Chung graduated from Diocesan Boys' School. He obtained his Bachelor degree, Master of Philosophy in Sociology and PhD Degree from The University of Hong Kong...

, revealed to the local media that he was pressured by then Chief Executive, Tung Chee Hwa
Tung Chee Hwa
Tung Chee Hwa, GBM was the first Chief Executive and President of the Executive Council of the Hong Kong Special Administrative Region of the People's Republic of China....

, through a third person that he must stop conducting public opinion poll on the popularity of the Chief Executive and the government. The scandal aroused critical debate in Hong Kong that the then Pro-Chancellor of the University of Hong Kong, Sir Ti-liang Yang, was compelled to set up an independent inquiry panel. Power was then appointed to chair the panel while other members of the inquiry were Ronny Wong Fook- hum, former Chairman of the Bar Association
Hong Kong Bar Association
The Hong Kong Bar Association is the professional regulatory body for barristers in Hong Kong, and was founded in 1949. Like other professional bodies, the HKBA has the authority to take disciplinary action to the members who breach the Code of Conduct of the Association...

, and Pamela Chan
Pamela Chan
Pamela Chan Wong-shui, BBS, JP is a consumer rights activist and academic in Hong Kong. Originally a social worker, she was Chief Executive of the Hong Kong Consumer Council from 1985 to 2007...

, former Chief Executive of the Consumer Council. In the 76-page report later published by the inquiry, all three members concurred in concluding that the Senior Special Assistant to the Chief Executive, Andrew Lo Cheung-on, did attempt to influence the Public Opinion Programme. The report finally resulted in the resignations of the then Vice Chancellor, Prof Cheng Yiu-chung, and Pro-Vice-Chancellor, Prof Wong Siu-lun, of the university.

Later years

Since 1980, Power had already served as visiting judge
Visiting judge
A visiting judge is a judge appointed to hear a case as a member of a court to which he or she does not ordinarily belong . In many United States Courts of Appeals it is not uncommon for a district judge to sit on a panel as a visiting judge; less frequently a judge from another circuit...

 to Brunei Darussalam on several occasions. After retiring from the Court of Appeal of Hong Kong in 1999, he was appointed a judge of the Court of Appeal of Brunei Darussalam in 2003, and became President of the Court of Appeal in 2007.

Power resided in Australia in his final years but kept travelling frequently to hear cases in Brunei. Despite of declining health, he managed to work through the legal year
Legal year
In English law, the legal year is the calendar during which the judges sit in court. The year is divided into four terms:* Michaelmas term - from October to December* Hilary term - from January to April* Easter term - from April to May, and...

 of 2009 in Brunei. On 19 November 2009, he was suddenly suffered by a heart attack and was sent to the Jerudong Park Medical Centre
Jerudong Park Medical Centre
Jerudong Park Medical Centre is the major Private Specialist Hospital in Brunei Darussalam.The Centre is situated within the famous Jerudong Park area, and is located on the shores of the South China Sea with patient rooms facing an expanse of beautiful, private beaches.The hospital offers...

 in Brunei. He died on the same day in the medical centre, while he was still in office, aged 79.

The death of Power was grieved by the Law Society of Brunei Darussalam and Chief Justice of Hong Kong, Andrew Li. In his statement, Li particularly praised him as "one of the most outstanding Judges to have served Hong Kong in recent decades. He was an outstanding lawyer and his judgments have provided authoritative guidance in many areas, particularly in the criminal field
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

." A memorial service was held by the Law Society of Brunei on 21 November. Lady Power and key people from the judiciary of Brunei were presented.

Family

Sir Noel was married to Irma Maroya, a Croatian
Croats
Croats are a South Slavic ethnic group mostly living in Croatia, Bosnia and Herzegovina and nearby countries. There are around 4 million Croats living inside Croatia and up to 4.5 million throughout the rest of the world. Responding to political, social and economic pressure, many Croats have...

, in Australia on 27 March 1965. They moved to Hong Kong soon after their marriage. The couple had two sons and one daughter. Sir Noel’s hobbies included travelling, reading, and cooking and wine tasting
Wine tasting
Wine tasting is the sensory examination and evaluation of wine. While the practice of wine tasting is as ancient as its production, a more formalized methodology has slowly become established from the 14th century onwards...

. From 1984 to 1999 he was the Chairman of Hong Kong Island of the International Food and Wine Society. From 1994 to 1999 he was Chairman of Asia-Pacific Zone and from 1999 to 2009 was Chairman of Gold Coast
Gold Coast, Queensland
Gold Coast is a coastal city of Australia located in South East Queensland, 94km south of the state capital Brisbane. With a population approximately 540,000 in 2010, it is the second most populous city in the state, the sixth most populous city in the country, and also the most populous...

 of the same society. Sir Noel found the Wines of the Pacific Rim Fair in Hong Kong in 1988. The Fair had become an annual event since then.

colspan="2" style="background: #CFCFCF; text-align: center" Experience
(1955–1965)
  • Magistrate of the Lands Tribunal, Hong Kong
    (1965–1976)
  • President of the Lands Tribunal, Hong Kong
    (1976–1979)
  • Puisne Judge of the Supreme Court of Hong Kong
    (1979–1987)
  • Chairman of the Broadcasting Review Board, Hong Kong
    (1984–1985)
  • Judge of the Court of Appeal, Hong Kong
    (1987–1993)
  • Vice President of the Court of Appeal, Hong Kong
    (1993–1996)
  • Acting Chief Justice of the Supreme Court of Hong Kong
    (1996–1997)
  • Vice President the Court of Appeal, Hong Kong
    (1997–1999)
  • Non-permanent Judge of the Court of Final Appeal of Hong Kong
    (1997–2009)
  • Chairman of the Independent Investigation Panel, University of Hong Kong
    (2000)
  • Judge of the Court of Appeal, Brunei Darussalam
    (2003–2007)
  • President of the Court of Appeal, Brunei Darussalam
    (2007–2009)


See also

  • Sir Ti-liang Yang
    Yang Ti-liang
    Dato Seri Paduka Sir Ti-liang Yang, GBM, SPMB, JP , also known as Sir TL, is a retired senior judge in Hong Kong...

  • Robert Chung Ting-yiu
    Robert Chung Ting-yiu
    Dr. Robert Chung is the Director of Public Opinion Programme at the University of Hong Kong.-Study and career:Dr Chung graduated from Diocesan Boys' School. He obtained his Bachelor degree, Master of Philosophy in Sociology and PhD Degree from The University of Hong Kong...

  • Supreme Court of Hong Kong

Further reading


External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK